ESQ HQNEW YORK LAW WATCH

Appellate Division, First Department · October 22, 2026 · 2026 NY Slip Op 06198

Desai v Ninety Five Wall St. LLC

Read the official decision: 2026 NY Slip Op 06198

This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.

Holding The court held that lease provisions attempting to circumvent a landlord’s statutory duty to mitigate damages are void as contrary to public policy. Consequently, such provisions constitute a breach of the implied covenant of good faith and fair dealing.

The court’s words

Any provision in a lease that exempts a landlord's duty to mitigate damages under this section shall be void as contrary to public policy.

2026 NY Slip Op 06198, at the official text

a promise not to charge amounts barred by Real Property Law § 227-e is among those promises

2026 NY Slip Op 06198, at the official text

a lease provision that circumvents a statutory duty should be deemed void both under the statute and as a matter of public policy

2026 NY Slip Op 06198, at the official text
CourtAppellate Division, First Department
DecidedOctober 22, 2026
Citation2026 NY Slip Op 06198
Area of lawReal Property
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06198
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1447

Recommended citation

ESQ HQ, New York Law Watch, Desai v Ninety Five Wall St. LLC, 2026 NY Slip Op 06198 (Appellate Division, First Department, October 22, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06198/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

Read how Law Watch works

Published October 22, 2026. Updated October 22, 2026.